1729689 (Refugee)

The applicant sought a protection visa, but the Tribunal affirmed the decision not to grant the visa. The decision maker was Member K. Chapman.

The primary legal issue before the Tribunal was whether the applicant met the prescribed criteria for a protection visa, specifically the requirement that the applicant be a non-citizen within Australia.

The Tribunal reasoned that under section 36(2) of the *Migration Act 1958* (Cth), a criterion for a protection visa is that the applicant must be in Australia. Movement records indicated the applicant had left Australia on 15 February 2018 and was therefore not in Australia. The Tribunal had notified the applicant of this information and invited comment, but no response was received. Consequently, the Tribunal was satisfied that the applicant did not meet the criterion under section 36(2) and could not be granted a protection visa, rendering it unnecessary to consider the applicant's substantive claims.